The document provides guidance from the Committee on House Administration on legislative operations during a lapse in appropriations. It outlines which House operations and employees are considered essential versus non-essential. Essential employees include those involved in constitutional responsibilities, protecting human life, or protecting property. Non-essential employees will be furloughed without pay. The guidance addresses salary, benefits, notifications during a furlough, and other operational questions.

1. Legislative
Operations
During a Lapse in
Appropriations
Guidance Issued by The
Committee on House
Administration
Chairman Daniel E. Lungren
April 2011

2. Contents
Legislative Operations During a Lapse in Appropriations
Operational Overview and Decision Making ............................................1
Salary and Pay .................................................................................................................4
Benefits ...............................................................................................................................6
Additional Deductions ...........................................................................................8
Benefits & Deductions Chart ..............................................................................9
The Committee on House Administration has issued the following
guidance to assist House offices and legislative branch agencies
in their efforts to understand and uphold their Constitutional
responsibilities while operating during a lapse in appropriations.
Please note that this is only guidance, and that all staffing
decisions are entirely at the discretion of each employing authority.
For the convenience of each employing authority, authorization forms
and sample letters will be located on HouseNet and the Committee’s
website at www.cha.house.gov.
For additional assistance, please contact the Committee at (202) 225-8281.

3. The Committee on House Administration
Operational Overview and Decision Making
What is a “lapse in appropriations?”
A “lapse in appropriations” occurs when there are no appropriated funds to pay for an agency or program,
as a result of no enacted appropriations law providing those funds. The Constitution requires that no money
leave the Treasury except as a consequence of an appropriation.
What does a “lapse in appropriations” mean for the House?
The Legislative Branch, along with the rest of the federal government, is currently operating under a
Continuing Resolution (CR) that provides funding through April 8, 2011. Absent any other action, there will
be no appropriations for the Legislative Branch effective April 9, 2011. The House, however, will require the
services of the employees that are essential to upholding its constitutional responsibilities.
What is an “essential” versus a “non-essential” employee?
In the event of a lapse in appropriations, the House, consistent with the Constitution and the Anti-Deficiency
Act, 31 U.S.C. §§ 1341, 1342, will retain the employees essential to performing the following activities:
1. Those activities that entail or directly support Members’ performance of their constitutional
responsibilities (including activities that entail the protection of the House’s and Members’
constitutional prerogatives). Members’ constitutional responsibilities include all legislative
activities which are broadly defined for this purpose as all activities that are an integral part
of the deliberative and communicative processes by which Members participate in committee
and House proceedings with respect to the consideration and passage or rejection of proposed
bills and resolutions. Members’ other constitutional responsibilities include such matters as
rulemaking, impeachments, the maintenance and publication of records of congressional
proceedings, disciplinary activities (e.g., Ethics Committee proceedings and the provision
of advice by that Committee), the resolution of contested elections, and the consideration of
constitutional amendments. Accordingly, activities that entail Members’ performance of their
constitutional responsibilities would encompass, but are not limited to, the preparation and
introduction of legislation; floor activities; committee meetings, hearings and markups, and the
issuance of subpoenas; meeting and negotiations in furtherance of such activities; the gathering
of information (both formally and informally) in furtherance of these activities; and the like.
Activities that directly support Members’ performance of their constitutional responsibilities
would encompass, but are not limited to, such activities as vote tallying, bill and resolution
drafting, parliamentary and legal advice and research, technical and technological support, and
the like.
2. Those activities that entail the safe-guarding of human life; and
3. Those activities that entail the protection of property.
If you have questions about whether a particular activity falls within one or more of the three categories of
activities defined above, please contact the Committee on House Administration (Majority) at x58281 or
(Minority) x52061.
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4. Legislative Operations During a Lapse in Appropriations
Employees performing the activities (or supporting the functions) described above as determined by their
employing authority should continue performing their normal duties. All other employees should be placed
in furlough status.
Who decides who is an “essential” employee?
Each Member and Committee Office is an “employing authority” under House Rules. Appointed House
officers and agency directors are considered the “employing authorities” for legislative branch agencies.
Employing authorities make the determination of who within their staff is an essential employee and who
should be furloughed.
What is a furlough?
A furlough is the placement of an employee in a temporary non-duty, non-pay status because of lack of work
or funds, or other non-disciplinary reasons. More information is provided below, and is also available by
contacting your applicable human resources official or office.
What factors should an office use in determining which employees to furlough?
It is up to each employing authority to determine which positions in the office are associated with
constitutional responsibilities, the protection of human life, or the protection of property. Each office
should review the job duties or position descriptions of each employee when making this determination.
Each employing authority should use only non-discriminatory factors when making the determination
as to whether a particular employee is essential or non-essential to avoid violating the Congressional
Accountability Act. Among other things, the Congressional Accountability Act prohibits employing
authorities from discriminating against employees based on an employee’s race, color, religion, sex, age,
national origin, military service and disability. House Rules also prohibit discrimination based on marital
or parental status. If an office decides to furlough some but not all employees that hold the same job
classification or perform the same (or substantially similar) duties, the office should use non-discriminatory
factors, such as seniority or area of expertise, in making those decisions. Offices should document the non-
discriminatory reason why a particular employee was furloughed, while another employee was retained, in
the event that a question is later raised as to the basis for a furlough determination.
Will the official expenses necessary to operate our office be paid?
Expenses incurred prior to midnight on April 8, 2011, will be paid using the usual procedure. Delays may
occur in the processing of these expenses. As of the day that appropriations lapse, and until funding is
restored, each employing office in the House may obtain and utilize goods and services necessary to enable
the office to carry out activities that fall within one or more of the three categories of activities defined above.
Travel expenses to and from a Member’s district and within the district are appropriate if it falls within the
constitutional responsibilities of a Member of Congress. Each individual authorizing an expense should
document the reason for this expense (constitutional responsibilities, the protection of human life, or the
protection of property).
Employing authorities should notify all vendors and contractors with which they have an active contract
about potential delays in payment or the need for reduced service.
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5. The Committee on House Administration
What House and Legislative Branch offices will definitely be closed?
Offices which are determined not to be related to the protection of human life, the protection of property, or
constitutional responsibilities will be closed. Examples include, but are not limited to: the House Gift Shop,
the Capitol Visitors Center (public tours by CVC guides), the Botanic Gardens and the Flag Office. Other
offices may be closed or have reduced service depending on needs.
What about services operated by private contractors or outside entities like the
cafeterias and the House Day Care Center?
Functions operated by private contractors and outside entities, and which are operated by non-appropriated
funds, are unaffected by the federal budget and will be open for business. Levels of service, however, may be
decreased if there is not a sufficient need for these services.
Private contractors that operate based on multi-year or no-year funds or activities fully obligated with funds
from the current or prior year annual appropriations prior to the lapse may continue to operate so long as the
performance of these activities is not dependent on employees whose salaries are paid with annual funds.
How and when will employees be paid?
Historically, when the federal government’s funding has lapsed, the subsequent spending authority (whether
Continuing Resolution or an enacted appropriations bill) has provided for retroactive payment to employees.
This, however, is not guaranteed. The exact details of retroactive payment (if any is authorized) will depend
on the language of a continuing resolution or enacted appropriations bill. The normal payroll cycle may be
disrupted by a lapse in appropriations and checks may be issued at irregular times.
Is a furloughed employee still an employee of the House?
Yes, furloughed employees continue to occupy a payroll slot. Furthermore, the furloughed employee
will not have their health benefits interrupted, but must continue to pay the employee’s portion of health
benefits premiums. Other benefits may be affected differently; see additional information below. Furloughed
employees are still bound by the applicable rules concerning outside employment. Employees should consult
with their applicable human resources official or office for more information on furlough.
If I furlough an employee, can he/she still come into work?
No, if you have decided that an employee is non-essential, he/she cannot perform official duties, (either at
the office or at home). According to the Anti-Deficiency Act and certain House rules, an employee cannot
volunteer services.
Can an employing office communicate with a furloughed employee during the furlough?
As explained, a furloughed employee may not perform official duties and may not volunteer his or her
services. Therefore, an employing office may not communicate with a furloughed employee about official
duties and the furloughed employee may not perform official duties by email or telephone. To ensure
compliance with this rule, employing offices may require furloughed employees to turn in their blackberries,
laptops, and cell phones and should require furloughed employees to set an “out of office” message on their
email accounts. Offices may contact employees to notify them to return to work.
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6. Legislative Operations During a Lapse in Appropriations
Can a furloughed employee use annual and/or sick leave in lieu of furlough?
No, an employee is not eligible to use annual or sick leave during furlough. Employees still receive salary when
on annual and/or sick leave. Without an appropriation, the employee cannot be paid. Therefore, the employee
cannot use their annual and/or sick leave.
All scheduled leave that occurs during a lapse in appropriations will be canceled. Essential employees who are
unable to work and are absent from their duty station will be considered furloughed until they report for duty.
Therefore, essential employees will not be able to use annual and/or sick leave.
Employees on FMLA leave involve unique obligations.
Can a furloughed employee attend training?
Furloughed employees should not attend any scheduled training. All approval to attend training for furloughed
employees during the furlough should be canceled.
What effect will a funding lapse have on security?
Security personnel and personnel “involving the safety of human life” as determined by their employing
authority are essential employees. The Capitol Police will continue to provide protection for the Capitol
Complex and Members in the event of a lapse in appropriations.
Salary and Pay
What is the effect of a lapse in appropriations on salary?
An employee will not be paid for work done during a lapse in appropriations until a subsequent funding
authority is in place. Historically, when the government’s funding has lapsed, the subsequent spending authority
(whether Continuing Resolution or an enacted appropriations bill) has provided for retroactive payment to
all employees (whether furloughed or not). This, however, is not guaranteed. The exact details of retroactive
payment (if any is authorized) will depend on the language of a continuing resolution or enacted appropriations
bill.
Depending on whether salary is retroactive or not, and the timing and duration of the funding lapse, it is
possible that employees may receive only “partial pay” during the next regular payroll cycle.
If language allowing retroactive pay is enacted, employees may receive salary in a supplemental payroll action
or at the next regular payroll cycle.
What is the process to place an employee on furlough? How will employees be notified
when furloughs begin and end?
Each employing authority (Member, Chairman, Leader, Officer and Head of other House Offices) determines
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7. The Committee on House Administration
which employees are furloughed. Upon determination, each office must submit a Furlough Authorization
Form to their applicable human resources office. Employing authorities should notify the employees which
are furloughed prior to the lapse. Employing authorities should contact their employees when the furlough
ends. Sample notification letters will be available on HouseNet and the Committee’s website at www.cha.
house.gov.
Can staff volunteer to be furloughed?
Yes, individuals can volunteer to be furloughed. Even if an employee volunteers to be furloughed, he/she
may still be required to report to work and perform their usual duties. Whether to volunteer for furlough is
the individual prerogative of each employee. The voluntary furlough form (which is located on HouseNet
and the Committee’s website) provides only one basis by which the employing authority will determine
who to furlough. The employing authority is not bound by an employee’s willingness to volunteer to be
furloughed.
If an employee is determined to be “essential,” or “non-essential;” will that
categorization last throughout the entirety of any lapse in appropriations?
Not necessarily, offices should continually review the scope of duties necessary to support the protection
of human life, the protection of property, or the constitutional responsibilities of Congress. The needs of
Congress will fluctuate throughout any lapse in appropriations. At times, more support may be needed. At
other times, minimal support will be needed. Therefore, whether an employee is essential may fluctuate
throughout any lapse in appropriations. Managers may communicate with furloughed employees about the
employee’s status.
Is it possible to rotate employees as furloughed/non-furloughed when they are in
similarly-situated job duties?
Yes, offices may rotate employees in the same or similar job duties so long as they use objective criteria to
determine the change in status. The non-furloughed employees must be performing an essential activity.
Do I qualify for unemployment compensation during a furlough?
State unemployment compensation requirements differ; it is possible that some employees may be eligible
for unemployment compensation. For information, contact your state’s unemployment office.
Can I take another job while furloughed?
Yes, but remember that even while on furlough, you remain a government employee. As such, you must
be available to return to work when called back to work by your supervisor. You must also abide by the
applicable rules and standards of conduct and not engage in outside employment that conflicts with your
official duties.
If I am working on a flexible schedule or alternative work schedule, how will that affect
my status?
If you work a modified work schedule and are not considered essential for the purposes of a lapse in
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8. Legislative Operations During a Lapse in Appropriations
appropriations, you will be furloughed for the number of hours per day that you would have worked. In
addition, if a furlough is known to be occurring before the pay period begins, your schedule should revert to
a traditional 40-hour schedule for time and attendance purposes.
Am I required to report for duty during a lapse in appropriations?
If you are an essential employee, failure to report for duty as required can result in disciplinary action, up to
and including termination.
Benefits
What will be the effect on health insurance?
Enrollment continues for up to 365 days with no interruption in coverage. If partial pay is not enough to
cover the health premium, the employee is responsible for the employee portion of health benefits. The
unpaid premium will be deducted the next time the employee receives pay (provided the employee has
sufficient pay to cover their entire premium contribution), in addition to the regular monthly premium for
that pay period.
What will be the effect on retirement benefits?
A total of 6 months in a non-pay status in any calendar year is creditable service. Coverage continues at no
cost to the employee while in a non-pay status. When employees are in a non-pay status for only a portion of
a pay period, their contributions are adjusted in proportion to their basic pay. If there are insufficient funds to
withhold retirement contributions due to partial pay, the amount will be deducted upon return to work.
What will be the effect on life insurance?
Coverage continues for 12 months without cost to the employee or the House. The normal deduction will be
withheld when funding resumes and the employee receives pay.
What will be the effect on TSP?
An employee cannot contribute if in a non-pay status for one or more full pay periods. Contributions will
begin when funding resumes and the employee receives pay, unless the employee has elected a fixed dollar
amount to be withheld. In that case, if the partial pay is not enough to cover the TSP contribution amount,
there will be no partial withholding. Full withholding will resume when full salary is paid. If you are a
FERS employee, the Agency automatic (1%) contributions will stop during non-pay status. Withdrawals for
participants age 59 1/2 or older and financial hardship withdrawals may be made during non-pay status.
What will be the effect on my TSP loan?
Direct deposit allotments will be made when funding resumes and the employee receives pay. If partial
pay is not enough to cover the entire deduction there will be no loan payment withheld. Loans are not
considered in default until the participant has missed more than 2½ payments. If you miss a loan payment
(or two) as a result of the furlough, you always have the option to make direct payments to the TSP using
6

9. The Committee on House Administration
the Loan Payment Coupon available in the Forms & Publications section on the TSP website (www.tsp.gov).
Otherwise, your loan term will be extended or, if you have requested the maximum loan term, you may have
a balloon payment at the end of the loan term. If you miss more than 2½ payments, the TSP will notify you
by mail that you must mail in a personal check for the “cure” amount to get your loan back on track.
What will be the effect on my TSP investments? What about disbursements?
Investment activity will continue. Share prices and accounts balances will continue to be updated each
business day, and loans and withdrawals will continue to be disbursed.
Can I take a TSP loan while I’m furloughed?
Yes. By law, a TSP participant may take a TSP loan any time before separation. Although the TSP has
adopted an administrative rule that provides that TSP participants must be in a pay status in order to
take a TSP loan, since a lapse in appropriations is a rare occurrence and typically of short duration, the
TSP’s Executive Director has determined that it is in the best interest of TSP participants to interpret the
requirement that participants be in a pay status to mean that a break in pay due to a lapse in funding does not
disqualify one from TSP loan eligibility. A short-term break in pay status would still allow participants to
commence payment by payroll deduction within the required 60 days of the loan issue date. If a lapse were to
extend beyond 60 days, participants would still be responsible for making loan payments.
What happens to my Student Loan Repayment Program agreements? Will my student
loans be paid?
Per student loan regulations, an employee’s Student Loan Agreement terminates when an employee enters
into an unpaid status. In certain cases, the employing office, at their discretion, may permit the agreement to
continue if the employee enters part-time or unpaid status because of illness or bereavement, or because the
employee is furloughed for a reason other than for cause. Even if the agreement continues, payments may be
delayed during a lapse in appropriations.
The applicable withholding taxes (Federal, State, FICA and Medicare) for any Student Loan payments made
while an employee is on furlough will be withheld when funding resumes and the employee receives pay.
What will be the effect on my Flexible Spending Account (Health and Dependent Care)?
If partial pay is not enough to cover the entire deduction there will be no deduction withheld. The
employee’s account is put in a hold status until contributions resume when the employee receives pay. When
contributions restart and are received by Benefeds or FSAFeds, the hold is removed and the employee’s
leave dates become eligible again. For example, for a person on Leave Without Pay (LWOP) status (which is
similar to furlough status) from April 1 - April 30, expenses incurred during that time would not be eligible
because the employee is not contributing to his/her Benefeds. When contributions resume, the leave dates
would be removed and expenses from April 1 - April 30 would be eligible again. The deduction amount will
be recalculated to ensure the participant reaches the full election by the end of the year.
What will be the effect on my Supplemental Dental and Vision benefits?
Coverage will continue and premiums will continue to be withheld during all salary cycles. Partial premiums
will be withheld even if pay is not enough to cover the total premiums, and the remaining premium will
7

10. Legislative Operations During a Lapse in Appropriations
be deducted in the subsequent pay period. However, if a deduction is not withheld over two pay periods
Benefeds or FSAfeds will send a bill to the employee for missed payment.
What will be the effect on my Long Term Care insurance?
Employees make premium payments directly to LTC Partners. The CAO Office of Payroll and Benefits does
not withhold Long Term Care from employee’s paychecks. There is no interruption in coverage.
Will I receive Transit Benefits?
Future transit benefits could be reduced, depending on the number of days furloughed and the timing of the
beginning and end of the funding lapse. This delay, if it does occur, would be because the Office of Finance
must submit transit benefit information well in advance.
Additional Deductions
What will be the effect on withholding for Federal, State, FICA and Medicare taxes?
Withholding will be commensurate with actual pay received, i.e. withholding will be adjusted proportionately
if an employee receives partial pay.
What will be the effect on garnishments?
The garnishee remains responsible for payment during the furlough, even though the garnishment is not
paid through a payroll deduction. The deduction will resume when the employee returns to paid status. Most
garnishments are based on a percentage of disposable earnings; however if partial pay is not enough to cover
the entire deduction the deduction will not be taken. If the garnishment is for a fixed amount then a partial
deduction will be withheld even when pay is not enough to cover the total garnishment.
What will be the effect on my savings bond(s)?
If partial pay is not enough to cover the entire allotment, there will be nothing sent to Treasury Direct for a
savings bond. It will be the employee’s responsibility to request a withholding change to make up for the lost
allotment.
Will there be an effect on taxes for my reserved parking space?
The applicable federal and state tax withholding will be made when funding resumes and the employee
receives pay.
What will be the effect on my Combined Federal Campaign contribution?
If partial pay is not enough to cover the entire deduction there will be nothing withheld. The normal monthly
deduction will be made when funding resumes and the employee receives pay. No supplemental “catch-up”
deductions will be withheld from future pay.
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11. The Committee on House Administration
Benefits & Deductions Chart
Payment after
Benefit/DeDuction StatuS During furlough
furlough enDS
No interruption in coverage. Any unpaid premium(s) will be
Employee still responsible for taken when salary resumes.
paying employee share of monthly Partial premiums will not be taken.
health inSurance premium. Full premiums will be deducted,
for current and any previous
months, when salary is sufficient to
cover the amount due each month.
No interruption in coverage. Premiums deducted when salary
Employee still responsible for resumes.
paying employee share of monthly If partial pay is insufficient to
SuPPlemental Dental anD premium. cover full premium owed, partial
ViSion inSurance premium will be deducted.
Remaining premium due will
be deducted in subsequent pay
periods.
Employee’s account is put in a hold Contributions resume when salary
status. resumes. The deduction amount
flexiBle SPenDing account will be recalculated to ensure the
(fSa) participant reaches the full annual
election.
No interruption in coverage. Normal deduction resumes when
Coverage continues for 12 months salary resumes.
life inSurance without cost to employee or There are no retroactive premium
agency. deductions.
No interruption in coverage. Contributions are adjusted in
Creditable service continues for up proportion to time in furlough
retirement BenefitS to 6 months of furlough (non-pay) (non-pay) status.
status.
Existing benefits may be used only Benefits may be partially reduced
for official purposes, so must not in future months, depending on
tranSit BenefitS
be used when in furlough status. timing and duration of furlough.
No interruption in coverage. Employee remains responsible for
Insurance and payment payments directly to LTC Partners.
long term care (ltc) responsibility are independent of
inSurance pay status.
Employee remains responsible for
payments directly to LTC Partners.
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12. Legislative Operations During a Lapse in Appropriations
Payment after
Benefit/ DeDuction StatuS During furlough
furlough enDS
Employee cannot contribute when Contributions will resume when
thrift SaVingS Plan (tSP)
in furlough (non-pay) status. salary resumes, at the percentage of
contriButionS – when salary received.
Percentage of Salary iS
withhelD
Employee cannot contribute when If partial pay is insufficient to cover
in furlough (non-pay) status. fixed amount, partial payment will
thrift SaVingS Plan (tSP) NOT be withheld.
contriButionS –when fixeD Fixed amount will be withheld
amount iS withhelD only when salary sufficient to cover
contribution.
Agency automatic (1%) Agency automatic (1%)
tSP contriButionS for ferS contributions stop during furlough contributions resume when salary
emPloyeeS (non-pay) status. resumes.
No interruption in investment No interruption in investment
activity, disbursements, loans or activity, disbursements, loans or
tSP inVeStmentS & withdrawals. withdrawals.
DiSBurSementS Share prices and account balances Share prices and account balances
still updated each business day. still updated each business day.
Employee may take new TSP loan Payroll deduction for loan
during non-pay status. payments resumes when salary
Payment still required on resumes.
tSP loanS outstanding loans.
If lapse continues beyond 60 days,
employee responsible for making
loan payments directly.
No deduction during furlough Allotment resumes when salary
treaSury SaVingS BonDS (non-pay) status. resumes.
Employee’s student loan agreement Applicable federal, state, FICA and
terminates when employee is in Medicare taxes for student loan
StuDent loan rePayment (furlough) non-pay status, but payments that may have been made
Program agreement may be continued at while on (non-pay status) furlough
option of employing office. will be withheld when salary
resumes.
Garnishee is responsible for Deduction will resume when salary
payment during furlough (non-pay) resumes.
garniShmentS
status.
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13. Guidance Issued by The Committee on House Administration